Paragraph 10 I1

Rule 23 applies, with the following modifications.

In paragraph (4), for “In considering whether to make an activation order and, if such an order is to be made, what its terms should be” substitute “In considering whether to seek approval for the making of an activation order and, if so, on what terms”.

In paragraph (4)(a), the reference to the suspended sentence of service detention is to the naval suspended sentence.

In paragraph (4)(b), the reference to proven offences committed by the offender during the operational period of the suspended sentence of service detention is to proven offences committed by the offender since the naval suspended sentence was suspended.

For paragraph (4)(c), substitute—

“(c)

the reasons given—

(i)

by an officer for any decision not to make an order under section 91B of NDA 1957 in relation to the naval suspended sentence by virtue of section 91B(1)(b);

(ii)

by the summary appeal court, a court-martial or the Courts-Martial Appeal Court for any decision not to make an order under section 91 or 91B of NDA 1957 in relation to the naval suspended sentence;

(iii)

for any decision not to make an order under section 191 or 193 of the Act in relation to the naval suspended sentence;”.

For paragraph (5), substitute—

“(5)

The commanding officer shall—

(a)

inform the accused whether an activation order is to be made;

(b)

if he has not sought approval for the making of an activation order, give his reasons for his decision not to do so;

(c)

if he has sought such approval—

(i)

give his reasons for his decision to do so; and

(ii)

inform the accused of any reasons given by another officer for that officer’s decision to give or (as the case may be) to withhold such approval.”